Cja 354 - Victims and Crime Evaluation

Victims and Crime Evaluation

Tina Avery

CJA/354

May 7, 2012

Professor: Ray November

Introduction

Each member of the judicial system has a specific role they are responsible for handling in a trial. This paper will address the roles and functions of the prosecutor, defense attorney, criminal, and victim. Also, discussed will be the goals of sentencing associated with each role, the goals of alternative sanctions, and the recommendations regarding the victim’s rights.

Roles of prosecutor, defense attorney, criminal, and victim

Prosecutors work for the state and cannot be hired, whereas defense attorneys can be hired from the public. Although the prosecutor and defense attorney are similar they still have a different duty to take care of in the justice system; both the prosecutor and the defense attorney are responsible for protecting the individual(s) in court. Both parties have an oath they must stand by in the court system.

A prosecutor is responsible for representing legal actions in criminal proceedings. The prosecutor works for the state and the local communities regarding complaints against criminal defendants. The prosecutor must persuade the jury that the evidence being presented is enough to find the defendant guilty of the crime(s) committed. Prosecutors are looking to give the guilty a harsher sentence; they try to find the defendant guilty after the evidence is presented to the courts and are able to drop or reduce charges during the case; this is called a plea bargain.

A defense attorney is an attorney that the defendant can hire to represent them in a criminal proceeding or a lawsuit. They represent the defendant and their interest. The first thing the defense attorney does is review the case; they will conduct an interview on the defendant and any witnesses there might be. Next, the defense attorney will advise the defendant of any and all options involving the case. Once the advice is given, it is the defendant’s decision on what to do in court. It is the defense attorney’s job to see that the defendant receives a fair trial. The defense attorney makes sure the defendants’ rights are protected in the courts. They negotiate on behalf of the defendant; this generally takes the form of plea negotiations. If convicted, the defense attorney would represent the defendant at his/her sentencing; they would ask the judge for a more lenient sentence.

A criminal is a person who is guilty or convicted of a crime. One that has committed an action or in an instance of negligence that is deemed injurious or legally prohibited. Without sufficient evidence one is innocent. Technically, one